IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090012456
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct Social Security Number (SSN).
2. The applicant states, in effect, he enlisted under the wrong SSN and requests that his DD Form 214 be corrected to show his SSN is XXX-XX-XX63.
3. The applicant provides a copy of a Social Security Card, his California Identification (ID) Card, and his Honorable Discharge Certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 23 September 1980 and was discharged due to a physical disability with severance pay on 2 April 1981.
3. Every document in the applicant's official record that contains an SSN shows his SSN as XXX-XX-XX43.
4. The Social Security Card that the applicant provided shows an SSN of
XXX-XX-XX63 for an individual with the same name as the applicant.
5. The California ID Card does not contain an SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he enlisted under the wrong SSN and requests that his DD Form 214 be corrected to show his correct SSN is XXX-XX-XX63.
2. The applicant served under SSN XXX-XX-XX43 and at no time did he use SSN XXX-XX-XX63.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. The applicant has failed to establish a basis for compromising the integrity of the Army's records. However, the Record of Proceedings will be filed in the applicant's official records; therefore, a record of the additional SSN will be on hand to clarify any questions that may arise.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090012456
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ABCMR Record of Proceedings (cont) AR20090012456
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